TORT deasismarkninod TORT- is private wrong independent of contract.

It is an act or omission producing an injury to another w/o any previous lawful relation of w/c said act or omission may be a natural outgrowth or incident. QUASI-DELICT- is an obligation w/c does not arise from law, contract, quasi-contract and act or omission punishable by law. (It is an extra contractual obligation) TORT is broader than QUASI DELICT since it also covers intentional acts like, false imprisonment, fraud, defamation, assault, battery etc. Art 2176: Whoever by act or omission causes damage to another there being fault or negligence is obliged to pay for the damage done. Such fault or negligence w/o pre- existing contractual relations between the parties is called QUASI-DELICT. ART. 1173: Negligence is the omission w/c consists of that degree of diligence that is required by the nature of the obligation . ELEMENTS OF QUASI-DELICT ( CD-FAN) 1)causal connection between the damage done and the act or omission/ negligence 2)damage or injury is caused to another 3)fault or negligence is present 4)act or omission 5) no pre-existing contractual relations QUASI-DELICT VS DELICT 1)The former is proved by preponderance of evidence while the latter is proved by proof beyond reasonable doubt. 2)The victim in the former must prove negligence and the causal connection between damage done and the negligence, the accused in the latter enjoys the presumption of innocence until the contrary is proved. CONTRACT VS DELICT 1)The vinculum juris is contract whereas delict is an act or omission by means of committing dolo or deceit 2)There is a pre-existing contractual relation in the former and there is no pre-existing contractual relation in the latter. QUASI-DELICT VS CONTRACT 1)The former is proven through negligence and the causal connection between the damage done and 2)the act or omission whereas the latter is proven by the existence of a contract and breach. 3)The diligence exercised in the former is a diligence of a good father of a family in selection and supervision of employees while in the latter, the extra-ordinary diligence is required in contract of carriage and force majeure. 4)Both are proved by preponderance of evidence.

KINDS OF NEGLIGENCE -QCC1)Quasi Delict / Civil Negligence Art 2176 NCC 2)Contractual negligence /contract- Art 1170-1174 NCC 3)Criminal negligence/ delict Art. 365 RPC TEST OF NEGLIGENCE 1)Could a prudent man foresee harm as a result of the course pursued? If yes, then it is the duty of that person to take precautions to guard against harm. 2)When the alleged defendant or person who committed the negligent act uses reasonable care and caution w/c an ordinary prudent man would have used the same situation? If no, then he is guilty of negligence. When may a child be considered negligent? When he fails to exercise due care and pre-caution in the commission of his own acts. JUDGE SANGCO Applying the provisions of RPC, children under 9 years old is conclusively presumed incapable of negligence, however, children 9 years above and 15 years under , there is disputable presumption of absence of negligence. Is absence of negligence also an absence of liability? Negative, the absence of negligence of a child does not also exempt him from subsidiary civil liability under RPC . Moreover, the childs absence of negligence does not exempt the parents from vicarious liability under Art. 2180 of NCC and Art.221 of FC. TORTS IN COMMON LAW INTENTIONAL TORTS assault, false imprisonment, defamation, invasion of privacy, interference of property. These are torts where the conduct of a person desires to cause the consequences of his act. NEGLIGENCE is a voluntary act or omission w/c result in injury of others w/o intending to cause the injury. STRICT LIABILITY-in strict liability rule, the person is expressly made liable by law w/o fault or negligence upon submission of proof of certain facts. INSTITUTES - added the category of obligations that arise quasi ex delicto 4 types listed -liability of a judge who misconducts a case or gives a wrong decision. -liability of an occupier of a building for double the damage caused by anything thrown of the building on to a public place. -liability of an occupier if he keeps an objects suspended from the building w/c would do damage if it fell

-liability of the shop keeper, innkeeper of a stable for any theft or damage caused by slaves. Art 2193: the head of a family that lives in a building is responsible for damages caused by things thrown from the same. Art 2000: Hotel keepers are liable for the loss of personal property of guests caused by the employees of the hotel What is the reason why the Code Commission decided against the use of the word tort ? -because tort is much broader than quasi-delict in scope. Torts include not only negligence but also intentional criminal acts like false imprisonment, assault , deceit etc. Sec 22 and 100 of Corporation Code uses the word Tort rather than quasi-delict. SC- tort is a breach of legal duty, consists of a violation of a right given or omission of statutory duty. Art 2199: Proximate cause and contributory negligence The former is an adequate or efficient cause w/c would naturally produce an event while the latter is a defense in tort where the plaintiff is also negligent together w/ the defendant but the proximate cause of the injury must be the negligence of the defendant. The intent to adopt the common law concept of intentional and unintentional tort is evident in 3 articles under human relations; to wit 1)art 19:Every person must act w/ justice, give everyone his due and observe honesty and good faith. Standards to be observed; (AGO) 1)act w/ justice 2)give everyone his due 3)observe honesty and good faith 2)art 20:every person who wilfully causes damage to another shall indemnify the latter.(contrary to law) 3)art 21:Every person who wilfully causes loss to another shall compensate the latter.(contrary to morals, good customs, public policy) The 3 articles enlarge the concept of tortuous acts in the Anglo-American law. If there is an imaginable tort action , the 3 articles are considered contradicting the Anglo American law w/c states that each tort is usually defined and named. The 3 articles provide for the general concepts that make persons liable for every conceivable wrongful acts. CULPA AQUILIANA/CUASI DELITO = Quasi-delict Expanded Scope of Quasi-Delict; Quasi delict includes intentional acts, acts w/c are criminal in character or in violation of the penal law. Art 2177:Responsibilty for fault or negligence on Quasi delict is separate and distinct for the civil liability arising from negligence under RPC. But the plaintiff cannot recover twice for the same act or omission. Quasi-delict is separate from criminal negligence.

*so, if there is an acquittal in criminal negligence , you can file a subsequent civil action not from the civil liability from criminal negligence under RPC but under damages for quasi-delict. CIVIL NEGLIGENCE VS CRIMINAL NEGLIGENCE The former is a quasi-delict or culpa aquiliana separate from criminal negligence while the latter is the violation of criminal law. Art 2180: Principle of Vicarious Liabilty / Implied Liability - The person is not guilty of negligence but made liable by law for acts and omissions made by another( a law on imputed negligence). Art 221 FC- the parents vicarious liability covers intentional acts of their children. (Parents are civilly liable for damages caused by their children living under their company and under their parental authority). Art 211 FC The father and the mother shall jointly exercise parental authority. The fathers decision shall prevail over the mother in case of disagreement. PRINCIPLE OF RESPONDEAT SUPERIOR -the person is not only guilty of the negligence of another person but also of his own negligence ( an employer who failed to exercise due diligence in the selection and supervision of his employees) PERSONS WHO ARE VICARIOUSLY LIABLE -GOPESS1)Guardian 2)Owners/Managers of establishment 3)Parents 4)Employers 5)State 6)School Administrators and Teachers PRINCIPLE OF LOCO PARENTIS -the basis of teachers liability in torts , so long as the students remain in the protective and supervisory capacity of teachers, the teacher shall be deemed to have custody over the children. Art 21 suffices the vacuum between the debate in the difference of tort and quasi-delict. Tort is under common law jurisdiction of the Anglo American law whereas Quasi-delict was under Spanish law on Civil Code. Some says, quasi delict is only negligence and does not involved intentional acts whereas tort refers not only to negligence but also intentional act. Major PURPOSES OF TORTS (P-RED) 1)provide a peaceful means for the adjustment of rights of parties 2)restore injured parties to their original condition 3)encourage socially responsible behaviour 4)deter wrongful act *To adjust the losses made by a person to another person and to afford compensation to the injuries sustained by a person as a result of the conduct of another.

TORT -provides compensation for personal injury and property damage caused by negligence. -protects interest like reputation, personal freedom, enjoyment of property *When the law provides for compensation it protects the persons interest over his body. Art 1314; Any 3rd person who induces another to violate a contract shall be liable for damages to the other party (Interference w/ contractual rights) Art 694: Nuisance is an act , omission, condition of property ,establishment or anything else w/c; SHAI-O -shocks, defies, disregards decency or morality -hinders or impairs the use of property -annoys or offends the senses -injures or endangers the safety /health of another -obstructs or interferes w/ free passage of public highway or street or body of water. Art 27 : Public servant or employee who refuses or neglects to perform his official duty is liable for damages Art. 28: Unfair competition in agri or commercial or industrial , labor w/ FAME shall give rise to a right of action for damages. Art. 23: Even theres no negligence in an act or event causing damage to property on the part of that person if he is benefited on that act he is liable for indemnity. Art 22; Every person who acquires or comes into possession of something at the expense of another w/o just legal ground is UNJUST ENRICHMENT. ELEMENTS OF UNJUST ENRICHMENT (LIE) 1)there is enrichment on the part of the defendant 2)there is injury on the part of the plaintiff 3)there is legal ground of enrichment. JUSTICE means giving people their due. 2 LEVELS OF JUSTICE 1)social level 1.1 distributive justice-addresses the allocation of social goods and bads( wealth-poverty, incomeemployment, power-powerless)-these issues are dealt by the State and Congress. 1.2 retributive justice -sanctions or penalties that are applied to those who engage in anti social behaviour like murder, rape, kidnapping. 2)individual level 2.1 compensatory justice-a person who inflicts harm to another person must repay the damage. 2.2 commutative justice- entails fairness of private exchange or bargain(absence of coercion, mental capacity, truthfulness)

EQUITY justice according to natural law or right. A justice outside of legality. ( ex:a rule regarding the mitigation of liability if the plaintiff is guilty of contributory negligence) NEGLIGENCE-is a voluntary act or omission w/c cause harm or injury to another w/o intention to cause the same. (Art 1173) STRICT LIABILITY when the person is made liable upon submission of proof of certain facts specified by law independent of fault. TORTFEASORS-one who is liable for torts NATURAL PERSON JURIDICAL PERSON (CSC) Who are Juridical persons? Art 44. 1)State and its political divisions 2)Corporations, institutions, entities for public interest created by law 3) Corporations, partnerships and associations for private interest. REQUISITES OF VICARIOUS LIABILITY OF PARENTS-C3 1) Child is below 21 years old 2)Child committed a tortuous act 3)Child is living in the company of the parent. When is a manager liable? -If he is acting as an employer or w/ an authority of an owner. When is an employer liable? -If the employee is acting at the time of the performance of his functions , he committed the injurious act. ELEMENTS OF DOCTRINE OF LAST CLEAR CHANCE1)plaintiff is in danger 2)defendant knew that the plaintiff is in danger 3)defendant has the least clear chance to avoid the accident and exercise due care but failed to do so. 4) the injury caused by the defendant is the proximate cause. School, Administrator and Teachers have SPECIAL PARENTAL AUTHORITY over minor children. -solidary liable Parents, Guardians have SUBSTITUTE PARENT AUTHORITY over minor children -subsidiary liable Art.32-provides for independent civil action for damages against, any public officer or employee who directly or indirectly obstructs, defeats , violates ,impedes, impairs the civil rights of another person. **If human personality is not properly exalted , then the laws are indeed defective. See Art 26. QUASI DELICT- the wrongful or negligent act creates the vinculum juris CONTRACT- the vinculum juris exists independently of the breach of the voluntary duty assumed by the parties .

Why Liability is created when there is breach of duties imposed on the members of society? -3 perspectives1) Moral perspective-tort liability may be justified because the conduct is considered a moral wrong.(Art 20 and 19 provide adequate legal remedy for moral wrong). The focus of tort law from this perspective is the wrong committed and the moral shortcoming of the actor. 2)Social Perspective-liability may be provided for tortious conduct because of the good that it will do to society as a whole. The purpose of tort law in protecting individual interest is a reflection of the social policy of tort. 3) Economic Perspective-liability may be viewed as a means of allocating resources to prevent accidents. Art 40/41 CC Birth determines personality and for civil purposes , fetus is only considered born if it is alive ate the time it is completely delivered from the mothers womb. (An unborn child is not entitled for damages) PLAINTIFF AND DEFENDANT in a tort liability may be natural and artificial. Under Sec 100 of Corporation Code- stockholders may be personally liable for corporate torts. CORPORATION BY ESTOPPEL- is not a real corporation but the members make it appear or represent themselves to be members of a corporation dealing w/ 3rd persons. Sec 21 Corporation Code- all persons who assume to act as a corporation knowing it to be w/o authority to do so shall be liable as general partners for all debts, liabilities and damages. Art 1823 & 1824- partnership is solidary liable w/ the partner if the partner commit tortuous acts while acting in pursuit of partnership business. LEGAL REMEDIES -PC 1)Preventive- Injunction, Writ of preliminary injunction, temporary restraining order. 2)Compensatory- action for damages **Nuisance may be stopped by issuance of injunction. A person may ask writ of injunction / restraining order to prevent wrongful interference of contracts by strangers. PUBLIC POLICY-this is broader than public order- refers not only to public safety but also to considerations w/c are moved by common good.-Art 1306PUBLIC ORDER-signifies public weal w/c are permanent and essentials in institution . ALTERNATIVE COMPENSATION SCHEME CE1)compulsory insurance 2)employees compensation Art 378(insurance code)- compulsory motor vehicle insurance -any claims not exceeding 5k for death or injury to passengers or 3rd persons shall be paid w/o proving fault or negligence of any kind.

Art 166 (Labor Code)-workmens compensation -the state shall promote and develop tax exempt employees compensation program whereby employees may secure income benefits and medical benefits in the event of work injury. Reasons why the workmens compensation was enacted according to SC in the case of Floresca vs Philiex Mining? 1)In order to curb the tendency of employer to employ his wealth to frustrate fault based actions. 2)In order that the workers need to prove only the fact of covered employment and the fact of injury arising from employment to be compensated. QUASI DELICT- a negligence as a separate source of obligation-Code Commission Reckless Imprudence- consists in voluntary the doing or failing to do an act from w/c material damage results from inexcusable lack of precaution. Simple Imprudence consists in the lack of precaution displayed in cases where the damage impending to be caused is not immediate nor any danger clearly manifest. Elements of the crime under Art 365 FOWMI 1)failure to do the act is voluntary 2)offender fails to do an act 3)w/o malice 4)material damage results from reckless imprudence 5)(there is) inexcusable lack of precaution on the part of offender Art 1170- provides that those who in the performance of an obligation are guilty of fraud, negligence and delay are liable for damages. CULPA CONTRACTUAL-the foundation of liability is the contract